On Dec. 3, 2015, Gallucci threatened to write up Hector for not fixing potholes after his shift ended, but Hector's second job prevented him from working overtime. Hector claims Gallucci was aware of his availability because DOT foremen fill out forms detailing their other jobs at the beginning of each year. Later that day, Gallucci called Hector and another black employee "cotton picker brothers."

The lawsuit further alleges that on Jan. 7, a day after he filed a discrimination complaint against Gallucci, the agency transferred Hector from the Fort Lee yard to Newark. The Newark yard is further from Hector's home and requires him to drive through more tolls.

DOT spokesman Steve Schapiro decline to comment on the specific allegations of the lawsuit.

"Any time there is an allegation of inappropriate behavior, we conduct an internal investigation and are prepared to take appropriate action," Schapiro said.